i hope you're learning to be more of a healthy you. this is a fox news report on the release of army sergeant bowe bergdahl, the 28-year-old now safely in american hands after being held prisoner by the taliban for nearly five years. national security correspondent jennifer griffin live in d.c. we understand you have some new details on bergdahl's release. >> reporter: that's right. we have just learned that it was u.s. navy s.e.a.l.s who were the one who is met the taliban in that eastern afghanistan town, and they are the ones who basically flew him back to kabul, afghanistan. i'm told it was a very emotional scene on the helicopter when the

navy s.e.a.l.s placed bergdahl on the aircraft. it feels about 10:30 a.m. eastern time. they received him from 18 armed taliban but no shots were fired during the handover. according to a senior u.s. defense official, bergdahl was disoriented and confused. he took a pen and wrote on a paper plate writing instead of talking because it was so loud on board the helicopter. ss, he wrote, meaning special forces? the operators, the s.e.a.l.s sitting with him, responded loudly over the noise of the rotor blades saying, yes, we've been looking for you for a long time. bergdahl then reportedly broke down crying. bergdahl i'm told was in a weakened state. he had lost some weight, but he could walk on his own. he was held by the taliban for four years and ten months. the sergeant first class was cam chured in the first months of his first tour of afghanistan after wandering off base. president obama issued the following statement -- "on bee half of the american people i was honored to call his parents

to express our joy that they can expect his safe return, mindful of their courage and sacrifice throughout this ordeal." bergdahl's parents are not doing interviews yet, but issued the following statement -- "we cannot wait to wrap our arms around our only son. we thank the emir of qatar for his efforts and of course we want to take this opportunity to thank all those in the many u.s. government agencies who never gave up. today we are ecstatic." in exchange for his release, the following detainees were transferred to qatari custody -- mohammed faisal, who is accused of war crimes. those five prisoners took off from guantanamo bay at 2:00 p.m. today eastern time. they will remain in qatari custody in qatar for a year we're told. >> thank you very much.

for more now we turn on this topic talking to steven yates. steven is a former dem ti assistant to vice president cheney for national security affairs and a distinguished fellow at the hamilton foundation. thanks so much for joining me. >> happy to be with you. >> i want to pick um right where jennifer griffin left off. we're talking about, first of all, we know this is good news, that sergeant bergdahl is back in american hands, and there's nothing short of jubilation for that. but let me go where jennifer left off, and that is the five taliban members who were basically given up in exchange for sergeant bergdahl. we'll put up the pictures again. jennifer -- we're talking about top-level taliban people here. one is the department minister of intelligence, the head of their department of minister of intelligence, and someone accused of war crimes. talk about who these guys are and how treacherous they are and the fact that they're now -- they've been released. >> well, this is a tough call,

and i think it was moving in this direction for some time, that, of course, it's wonderful that he released, sad it took five years to get it done, but these detainees surely will find their way back onto the battlefield in some form or fashion. an important reminder regardless of what our top leaders say, we can't undeclare this war. it's one that's been declared on us. so these people are going to go back eventually, spend what's reported a year in qatari custody, but after that, presumably back to the fight. and so we have to be sure that we have sufficient force on the grounds in afghanistan to protect the americans who remain from these kind of individuals and guard against them organizing future attacks. >> okay-do you think we will have enough trooms left after some 20,000 troops come home? >> well, you know, when you look at bowe bergdahl's release, it stood in the way of a full withdrawal from afghanistan. it would have been completely

implausible to imagine america withdrawing without getting its last remaining p.o.w. out. there's been some question about whether this was the final stem for the obama administration to be able to move to a zero option. they haven't announced it yet. that's not what the president said at west point, but the trend seems to be moving in that direction. the focus is on getting out, not accomplishing a mission there any longer. >> it's definitely a situation where, you know, you're between a rock and a hard plals. certainly a conundrum. you want to get our americans out of the, the army sergeant. so what more could you have done really. >> i think the only thing that could have been done is it took a very long time to identify location and work out this release. i mean, it's really sad that it was that long. it's hard to imagine the human toll. but in terms of having to exchange personnel to get his reelise, i'm not shocked that it took that to get this done. >> all right. steven, i want to move on to another topic that's happening today. and that is we're talking about

an american, an american who carried out a deadly suicide bombing attack in syria. he's reported lay 22-year-old man from south florida. the state department as you know is saying that he blew up a truck packed with tons of explosives near syrian troops. he was outside of a restaurant on sunday. u.s. officials now expressing a real concern over americans joining up with al kild-linked rebel groups. listen. >> i think it's emblematic of the new world that we live in. but it's especially sensitive whenever it is americans involved. and they are the ones that are getting the training by al qaeda. >> it is believed to be the first time that an american has been involved in this sort of attack since the syrian civil war broke out more than three years ago. steven, how big of a wrench does this throw into a fight, the war on terrorism? >> well, this is not necessarily new in the sense of americans

getting involved. i mean, we had an american involved in al qaeda in the arabian peninsula in a key position. we had americans involved with the taliban in afghanistan during the war there. it is new that it's occurring in syria in this way, but again it's a reminder that we are in a different kind of environment. this one i think raises two big questions, one is homeland security about are we doing what we need to identify people most likely to be radicalized to go into a fight and second are we doing everything we can to monitor who they are and where they are to make sure they don't come home to do something worse. remember, the boston bombers did something pretty similar. >> if i can get this in a concise answer, two things you mention i want to pick up which is what did these guys do? they have an american passport, although in this case he got rids of his, but god forbid they

come home and commit something like this on american soil. ho do we stop them from coming to this country? and what about the web sites these guys go to to become radicalized? can ke we shut those down legally? >> there are civil liberties that come in for americans that are involved but this is the dni and fbi and covering the gams post-9/11 reforms were supposed to cover so we have all the information to guard against this. >> steven yates, a lot to talk about in a short amount of time but thanks for staying on top of all those topics for us. see you again soon. >> anytime. thank you. here's another fox news alert. federal investigators reportedly pursuing a major insider trading case against three heavyweights, listen to these names -- pro golfer phil mickelson, billionaire activist investor carl icahn and a ree nouned vegas gmab abgambler. of course this is still an investigation, everybody is

innocent until proven otherwise. >> that's right. still an investigation. but it doesn't get much bigger than this in terms of high-profile people. according to "the wall street journal," investigators are looking into whether mickelson and walters made illegal stock trades based on private tips, nonpublic information provided by icahn about his investments in public companies. the investigation beginning three years ago. authorities specifically looking into suspicious trades in the clorox company. icahn bought a 9.1% stake in the clorox company february 2011 and that summer he made a $10.2 billion bid to buy the company, causing the stock to jump. well, investigators are examining some well-timed high-risk trades of clorox shares made by walters and mickelson four days before that bid. the suggestion is icahn tipped them before handle about his bid. mickelson saying today he's innocent, "i have done absolutely nothing wrong. i have cooperated with the government in this investigation and will continue to do so.

i wish i could fully discuss this matter, but under the current circumstances it's just not possible." now, icahn is denying there is an investigation at all. walters is declining to comment. the high-profile investigation is significant considering the government's recent successful track record against insider trading, convicting 85 out of 90 people over the last five years. >> they're going to look at trading patterns, look at trading activities. at the ends of the day, all that matters is what they can prove in court and that's where this all is likely going to hit a snag. you're talking about carl icahn, phil mickelson, icahn, one of the most powerful, vicious people when it comes to business. he is known to be ruthless, attack dog, activist investor. >> investigators also are reportedly looking into trades mickelson and walters made in 2012 related to dean foods company, though those trades appear to have no connection with icahn. >> brian, thanks so much for bringing us those te death tail

-- those details. if these allegations are true, why would these men, all extremely wealthy and very successful in their respective fields, even take the risk of insider trading? business ethics lecturer and prosecutor wendy davis is going to join us later in the show to discuss that. meanwhile, little basketball news. donald sterling refusing to be clipped clipped. the owner of the l.a. clippers now suing the nba for $1 billion. the league is forcing him to sell after it banaled him over racial comments. now, the nba calling the lawsuit, quote, predictable and entirely baseless. meanwhile, his wife is in control as questions are being raised over sterling's mental state. she already made a deal to sell the team to the former ceo of microsoft, steve ballmer, for $2 billion. however, the nba saying that they're not at this point forcing sterling to sell the team. let's talk about this now.

the republican conference taking place where the gop is planning for the midterm. and a race for the white house.

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let's talk politics now. the republican leadership conference now under way in new orleans. this is happening amid worries

by some about division between the tea party and the republican establishment. big names are offering ideas on regaining the senate and the white house. john roberts is live at the conference there in new orleans. i'm jealous. take it away, sir. >> reporter: don't you wish you were here? except it's raining, so the crescent city isn't as good when it's raining. the theme of this conference is the road to 2016 begins in new orleans and there has been a lot of talk here in the last three days about the need for republican voters to put aside their differences and come together as a unified party. but there are still stark differences over what that way forward should be. have establishment republican figures like haley barbour saying you need to pick the candidate most likely to win even if that candidate is more moderate than other conservatives? on the flip side of that, texas senator ted cruz who spoke this afternoon who said the way to win is for republican candidates to stand on conservative

principles and not listen to the establishment. >> there are washington consultants that want '14 and '16 to go back to the losing models of don't stand for anything. i don't think that makes any sense. the way you win elections is making this election -- i think it will be in 2014 -- a referendum number one on obamacare, two organization on the failed obama economic agenda, three, on the assault on our constitutional rights. we need to defend those rights. >> senator ted cruise is one of several presidential candidates speaking to the conference. in fact, it was announced moments ago he is the winner of the straw poll today narrowly followed by dr. ben carson. there's a wig movement to draft him into the race. and rand paul was third. rick perry is coming up in a little while. earlier we heard from rick santorum who told me this afternoon he is eyeing another run in 2016 but that he has a lot of considerations to weigh. >> i don't think it's any surprise that the last campaign,

everybody knows, took a toll on my family. and that's my first responsibility, to be a good husband and father. so we're trying to get things together here in the interim to make sure that we're in a position that we can do that. and plus, you know, there are political considerations, fund-raisi fund-raising, all sorts of things you have to look at. >> santorum is still playing in the political world. just a short time ago he announced a big endorsement for chris mcdaniel, the tea party insurgent candidate in the state of mississippi who's trying to unseat six-term senator thad cochran in the primary. that race is turning out to be a real dog fight. >> definitely. okay, john roberts. have a good time in my hometown there. and work hard, too, of course. okay. moving on now, there are questions swirling around a sports legend, why federal investigators are looking into the business dealings of pro golfer phil mickelson and his possible ties to a billionaire activist investor and a renowned

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the feds are reportedly investigating some big names in finance, sports and gambling for possible insider trading of the according to both the "new york times" and the "wall street journal," investigators are looking into whether pro golfer phil mickleson and renowned vegas gambler william walters, goes by billy, took advantage of private tips from billionaire carl ichan on at least two occasions over the last three years. the investigation apparently serious enough that two f.b.i. agents approached mickleson after he finished a round of

golf at a tournament in ohio this week. minimumleson announcing he's cooperating with investigators, but maintains he did nothing wrong. wendy patrick is a business ethics lecturer and prosecutor and is joining us to talk about this. hi, wendy. >> hi. how are you? >> i'm good. you're joining us from san diego where mickleson lived. what more do you know about this investigation? >> this is an investigation that by nature, has to be hyped the scenes. that's one of the reasons that it's taken a lot of people by surprise. investigations of this sort are base largely on circumstantial evidence. and in a case like this, we've got the celebrity factor tossed in. you've got one of the targets, in fact, i won't use the word target because according to mickleson's lawyer, he's not even a target yet. they're not just looking at where there is smoke, there is fire. they're trying to find out whether or not there is smoke. so the sensationalism surrounding the investigation

sometimes complicates matters that are already hard to investigate. but that's where we are right now. it's just an investigation thus far. >> typically when the feds start sniffing around, usually there is some meat there. of course, all parties remain innocent. so as a hypothetical, what kind of criminal charges could be brought down in a case like this and talk about the legal theory it support it. >> criminal insider investigation trading, that's a very serious crime that could carry up to 20 years in prison, or it could just carry fines. there is a range of possible crimes with which these people could be charged if we ever get to that point. and that's the thing with these large-scale, long investigations. there are a variety of places they could go. each of which carries a different sentence. and at this point, we're so far in the preliminary stage, people are asking as i think you did in the last segment, why would people commit a crime like this who already have so much money?

as we look at the caliber of people around the world that commit certain kinds of crimes is we just can't predict what certain demographic is most likely to commit white collar crimes like. this that also complicates this investigation and makes it more interesting to talk about as we've seen the last couple of days. >> yeah. and you were talking about the why aspect of this. we have not proven anything. there is just speculation and an investigation going on. you talk about extremely wealthy guys, big brands, huge reputations to protect and you wonder why they would take the risk of insider trading. hang on for me 'cause i want to read a quote from carl ichan. he made this on friday. we'll pop it up on the screen. we do not know of any investigation. we are always very careful to observe all legal requirements in awful our activities. i want you to talk about the biggest challenges with cases like this. you touched on it a moment ago, but talk about it, expound a little bit more on that aspect

for me. >> the biggest challenge in cases like this is they're built almost entirely on circumstantial evidence. we heard they're investigating well-timed trades. trading patterns. that investigation needs to take place behind the scenes necessarily. in cases like this -- >> i got to stop you there. i need you to tell me how this stuff takes place behind the scenes and that's what makes it so hard to dig to the bottom of it. that will do it for me. join eric shaun and me for one more hour of news coming up at 6:00 o'clock eastern. right now, don't go anywhere 'cause those rascals on "the five" are up next.

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